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Articles 1 - 13 of 13
Full-Text Articles in Courts
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
Faculty Scholarship
Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
United States V. Klein, Then And Now, Gordon G. Young
United States V. Klein, Then And Now, Gordon G. Young
Faculty Scholarship
United States v. Klein, decided during Reconstruction, was the first Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only one to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three United States Supreme Court opinions, and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …
A Circumspect Look At Problem-Solving Courts, Richard C. Boldt
A Circumspect Look At Problem-Solving Courts, Richard C. Boldt
Faculty Scholarship
No abstract provided.
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
Faculty Scholarship
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge William Young of the United States District Court for the District of Massachusetts, writing in the Federal Lawyer, pointed out that jury trials in federal civil cases declined 26% in the decade between 1989 and 1999, which he attributed to four factors: the district court judiciary’s “loss of focus” on the core function of trying jury cases; the business community’s loss of interest in jury adjudication (“opting out of the legal system altogether” in favor of arbitration); Congress’s “marginalizing the district court judiciary”; and …
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Faculty Scholarship
No abstract provided.
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Faculty Scholarship
No abstract provided.
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Faculty Scholarship
No abstract provided.
An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman
An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
Faculty Scholarship
No abstract provided.